Title 12 — Title 12 — Civil Procedure

12 O.S. § 1079 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

This act may be cited as the Uniform Statute of Limitation on Foreign Claims Act. Added by Laws 1965, c. 98, § 5, emerg. eff. May 12, 1965.

12 O.S. § 1080 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

(a) If a party dies after verdict is rendered, judgment may be rendered on the verdict although the representative or successor of the decedent has not been substituted as a party to the action. (b) If a plaintiff dies after verdict or after judgment and the verdict and judgment …

(a) A partnership may sue and be sued in its firm name, and after a partnership has been dissolved, actions may be brought by and against the partnership in its firm name to enforce obligations that arose before the dissolution, the partnership being deemed to continue for the pu…

filed for a year. Any action in which no pleading has been filed or other action taken for a year and in which no motion or demurrer has been pending during any part of said year shall be dismissed without prejudice by the court on its own motion after notice to the parties or th…

If a person who is either jointly or jointly and severally liable on a contract or obligation dies before an action is brought to enforce the contract or obligation and if the cause of action survives, the decedent's estate may be joined as a party to an action to enforce the con…

When a nonresident who is subject to the jurisdiction of a court of this state dies, the action shall continue and his personal representative shall be substituted as a party to the action although he was appointed as personal representative in some other jurisdiction if (1) the …

design, planning or construction of improvement to real property. No action in tort to recover damages (i) for any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property, (ii) for injury to property, real …

12 O.S. § 11 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

completion. Notwithstanding the provisions of Section 1 of this act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the fifth year after such substantial completion, an action in tort to recover damag…

The defendant, in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to allow judgment to be taken against him for the sum specified therein. If the plaintiff accept the offer and give notice…

Recovery of costs and attorney fees. A. Actions for personal injury, wrongful death, and certain specified actions. 1. Subject to the provisions of paragraph 5 of this subsection, after a civil action is brought for the recovery of money as the result of a claim for personal inju…

The making of an offer, pursuant to the provisions contained in the foregoing section, shall not be a cause for a continuance of an action or a postponement of the trial. R.L. 1910, § 5302.

Parties to a question, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court, which would have jurisdiction if an action had been brought. But…

The case, the submission and a copy of the judgment shall constitute the record. R.L. 1910, § 5304.

The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action unless otherwise provided in the submission. R.L. 1910, § 5305.

After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action; whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in ful…

A surety may maintain an action against his principal, to compel him to discharge the debt or liability for which the surety is bound, after the same has become due. R.L. 1910, § 5307.

A surety may maintain an action against his principal, to obtain indemnity against the debt or liability for which he is bound, before it is due, whenever any of the grounds exist, upon which, by the provisions of this code, an order may be made for arrest and bail, or for an att…

In such action the surety may obtain any of the provisional remedies mentioned in Articles eight, nine and ten upon the grounds and in the manner therein prescribed. R.L. 1910, § 5309.

Nothing in this act shall be construed as extending the period prescribed by the laws of this state for the bringing of any action. Added by Laws 1967, c. 360, § 3, emerg. eff. May 22, 1967.

12 O.S. § 1110 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 1111 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 1112 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 1113 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 1114 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 1115 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

Every direction of a court or judge made or entered in writing, and not included in a judgment, is an order. R.L. 1910, § 5316.

Orders made out of court shall be forthwith entered by the clerk in the journal of the court, in the same manner as orders made in term. R.L. 1910, § 5317.

Judges of the district, superior and county courts shall within their respective districts and counties be authorized to hear and determine at chambers, motions to dissolve attachments and injunctions, and generally to exercise such supervisory control of the other officers and p…

12 O.S. § 112 Repealed by Laws 1978, c. 188, § 2, eff. Oct. 1, 1978

As used in this act, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association or joint stock company. Added by Laws 1967, c. 360, § 5, emerg. eff. May 22, 1967.

A. An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such actio…

This act shall be known and may be cited as the “Nonjudicial Marketable Title Procedures Act”. Added by Laws 2000, c. 147, § 1, eff. Nov. 1, 2000.

As used in this act: 1. “Apparent cloud” means an effect, without a judgment of a court of competent jurisdiction, which in the good faith opinion of a requestor results in a condition of title to real property located in the State of Oklahoma that fails to meet the standard of “…

cloud on title. A. Any person or any entity having an interest or claiming an interest with respect to any parcel of real property who in good faith asserts that there is an instrument filed in the real property records of the county in which the real property, or some portion of…

information – Failure of respondent to deliver curative instrument or take corrective action. A. The requestor shall prepare the notice as described in Section 3 of this act and shall transmit the notice by certified mail to the person or entity identified in the notice as the re…

A. If a requestor prepares a notice pursuant to Section 3 of this act, and: 1. The respondent receives the notice and fails to respond, or 2. The respondent requests clarification or additional information and then subsequently refuses to execute and deliver a curative instrument…

In actions for the recovery of real property, it shall be necessary for the plaintiff to set forth in detail the facts relied upon to establish his claim, and to attach to his petition copies of all deeds or other evidences of title, as in actions upon written contracts; and he m…

It shall be sufficient in such action, if the defendant in his answer, deny, generally, the title alleged in the petition, or that he withholds the possession, as the case may be, but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted. W…

In an action, by a tenant in common of real property, against a cotenant, the plaintiff must, in addition to what is required in the second preceding section, state, in his petition, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.…

In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plain…

In all actions for the recovery of real property one trial only shall be granted as a matter of right, but the party against whom the judgment is rendered may secure a new trial in the same manner and for the same reasons as new trials are awarded in other civil cases. R.L. 1910,…

not in being - Direction for sale and holding proceeds in trust. If it shall appear in any suit or proceeding in a district court involving real estate that any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, an…

When, under the circumstances stated in Section 1, the possible claim of persons not in being affect only an undivided interest in the full fee simple title to a tract of real estate, such undivided interest only may be sold under the provisions of this act, and the title to the …

in being - Guardian ad litem. No sale of real estate hereunder shall be made unless all persons interested in the real estate to be sold (which shall be the full fee simple title in the tract sold if the possible claims of the person or persons not in being affect the full fee si…

Confirmation. Where a sale is made under the provisions of this act, the court may appoint a trustee to make such sale on such terms as it may deem advisable, at public or private sale, with or without notice, and on such terms as to the payment of the purchase price as the court…

Upon confirming the sale of real estate under the provisions of Section 1147.4 of this title, the court shall direct that the proceeds of the sale, including any purchase money mortgage which may be accepted as a part of the purchase price, less any costs chargeable against the s…

The court shall fix all fees and costs including reasonable compensation for the guardian or guardians ad litem and trustee and assess the same against the trust assets or, in the event the sale is not made, against the parties to the proceedings who are sui juris as equity may r…