Title 12 — Title 12 — Civil Procedure

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, …

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…

1980.

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…

12 O.S. § 221 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 222 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 223 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 224 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 225 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 226 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 227 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 228 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 228a Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 229 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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…

12 O.S. § 230 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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.

12 O.S. § 231 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 232 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 233 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 234 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 235 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984