reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1872. Amount of award.

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 arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
C. As to all remedies other than those authorized by subsections A and B of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under Section 23 of this act or for vacating an award under Section 24 of this act.
D. An arbitrator’s expenses and fees, together with other expenses, shall be paid as provided in the award.
E. If an arbitrator awards punitive damages or other exemplary relief under subsection A of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
Added by Laws 2005, c. 364, § 22.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1873. Award confirmation.

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 21 or 25 of this act or is vacated pursuant to Section 24 of this act.
Added by Laws 2005, c. 364, § 23.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1874. Application to vacate an award.

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 arbitrator appointed as a neutral arbitrator,
b.
corruption by an arbitrator, or
c.
misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
3. An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to Section 6 of this act, so as to prejudice substantially the rights of a party to the arbitration proceeding;
4. An arbitrator exceeded the arbitrator’s powers;
5. There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under subsection C of Section 16 of this act not later than the beginning of the arbitration hearing; or
6. The arbitration was conducted without proper notice of the initiation of an arbitration as required in Section 10 of this act so as to prejudice substantially the rights of a party to the arbitration proceeding.
B. An application and motion under this section must be filed within ninety (90) days after the 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, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.
C. If the court vacates an award on a ground other than that set forth in paragraph 5 of subsection A of this section, it may order a rehearing. If the award is vacated on a ground stated in paragraph 1 or 2 of subsection A of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph 3, 4 or 6 of subsection A of this subsection, the rehearing may be before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection B of Section 20 of this act for an award.
D. If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
Added by Laws 2005, c. 364, § 24.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1875. Motion to vacate or correct an award.

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 shall modify or correct the award if:
1. There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
2. The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
3. The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
B. If a motion made under subsection A of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
C. A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
Added by Laws 2005, c. 364, § 25.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1876. Judgment in conformity.

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 allow reasonable costs of the motion and subsequent judicial proceedings.
C. On application of a prevailing party to a contested judicial proceeding under Section 23, 24, or 25, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.
Added by Laws 2005, c. 364, § 26.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1877. Enforcement of agreement to arbitrate.

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 Uniform Arbitration Act.
Added by Laws 2005, c. 364, § 27.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1878. Location of arbitration.

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, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
Added by Laws 2005, c. 364, § 28.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1879. Appeal.

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 directing a rehearing; or
6. A final judgment entered pursuant to the Uniform Arbitration Act.
B. An appeal under this section shall be taken as from an order or a judgment in a civil action.
Added by Laws 2005, c. 364, § 29.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1880. Considerations of conformity.

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 federal law, recognition shall be given to the following considerations as applicable:
1. Agreements to arbitrate are often included in standard forms prepared by one party and in a context where there is little or no ability to negotiate or change the terms of the agreement to arbitrate; and
2. In such cases, clauses providing for the location for arbitration, for the expenses of arbitration, denying the ability to consolidate arbitrations or to have arbitration for a class of persons involving substantially similar issues, and for other matters that may represent a serious disadvantage to the party or parties that did not prepare the form shall be closely reviewed for unconscionability based on unreasonable one-sidedness and understandable or unnoticeable language or lack of meaningful choice and for balance and fairness in accordance with reasonable standards of fair dealing.
Added by Laws 2005, c. 364, § 30.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1881. Conformity with Electronic Signatures in Global and 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 Section 102 of the Electronic Signatures in Global and National Commerce Act.
Added by Laws 2005, c. 364, § 31.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2001. Scope of the Oklahoma Pleading Code.

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 secure the just, speedy, and inexpensive determination of every action. The provisions of Sections 1 through 2027 of this title may be cited as the "Oklahoma Pleading Code". Section captions are part of this act.
Added by Laws 1984, c. 164, § 1, eff. Nov. 1, 1984. Amended by Laws 1985, c. 277, § 2, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2003.1. Commencement of actions by inmates.

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 charge by the clerk of the district court upon request.
B. The following information shall be supplied by an inmate who is seeking relief in a civil action:
1. Plaintiff’s full name;
2. Place of plaintiff’s residence;
3. Name(s) of defendant(s);
4. Place(s) of defendant(s) employment;
5. Title and position of (each) defendant;
6. Whether the defendant(s) was (were) acting under color of state law at the time the claim alleged in the complaint arose;
7. Brief statement of the facts;
8. Grounds upon which plaintiff bases allegations that constitutional rights, privileges, or immunities have been violated, together with the facts which support each of these grounds;
9. A statement of prior judicial and administrative relief sought, copies of which shall be attached to the petition;
10. A statement of the relief requested; and
11. A complete list, supported by affidavit under penalty of perjury, of all lawsuits filed by the inmate as an inmate in the previous ten (10) years in state and federal courts and the disposition of each case.
C. In all cases in which the petitioner, movant, or plaintiff is an inmate of a penal institution and desires to proceed in forma pauperis, the proof of poverty required by the Oklahoma Statutes shall be submitted.
D. If the court determines that the filing is a noncomplying petition, motion, or other pleading filed by an inmate in a penal institution appearing pro se, the action may not proceed, and it shall be returned together with a copy of this statute and a statement of the reason or reasons for its return. If the court determines that the inmate-plaintiff knowingly and willfully failed to comply with all the requirements of this section, the court may dismiss the case with prejudice.
E. If the defendant claims either qualified or absolute immunity in its answer, the court may order the plaintiff to file a detailed reply to the answer pursuant to subsection A of Section 2007 of this title.
F. The Administrative Office of the Courts shall adopt forms to be used by inmates of penal institutions appearing pro se pursuant to this section.
Added by Laws 1995, c. 141, § 1, eff. Nov. 1, 1995. Amended by Laws 2002, c. 402, § 6, eff. July 1, 2002; Laws 2004, c. 168, § 4, emerg. eff. April 27, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2003.2. Notification of noncompliance prior to construction-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 facilities for the physically disabled, the plaintiff shall notify the defendant in writing of the plaintiff’s assertion that the facility does not comply with applicable law, codes and standards regulating construction of facilities to accommodate physically disabled individuals and the specific violations that the plaintiff asserts. The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days prior to the filing of a petition.
B. In any civil action based on a construction-related accessibility claim that a facility does not conform with applicable law, codes and standards for facilities for the physically disabled, the plaintiff shall attach to the petition:
1. A copy of the notice required by subsection A of this section; and
2. A copy of the certified mail return receipt signed by the defendant or person authorized to receive service of process for the defendant.
C. If a civil action based on a construction-related accessibility claim that a facility does not conform with applicable law, codes and standards for facilities for the physically disabled is filed without the documentation required by subsection B of this section or if the petition is filed less than one hundred twenty (120) days after the date the notice required by subsection A of this section is sent, the court shall, upon motion of the defendant, dismiss the action without prejudice to its refiling.
D. If the defendant corrects the alleged defect prior to the filing of the petition and the plaintiff files the petition, the court shall dismiss the action and award court costs and reasonable attorney fees to the defendant. In addition, the court shall impose sanctions if the action is determined to be frivolous pursuant to Section 2011 of Title 12 of the Oklahoma Statutes.
E. If the defendant has made a reasonable effort to correct the defect but has not completed the correction within one hundred twenty (120) days of notification as directed in subsection A of this section or prior to the filing of the petition, the court may, upon application of the defendant for good cause shown, grant the defendant a reasonable extension of time, based on the nature of construction needed to correct the deficiency. If the correction is completed within that period of time, the court shall dismiss the action.
Added by Laws 2010, c. 153, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2003.3. Commencement of action based on website accessibility 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 hearing impaired, the plaintiff shall notify the defendant in writing of the plaintiff's assertion that its website does not comply with applicable law, codes and standards regulating the functionality of an organization's website to accommodate visually or hearing impaired individuals and the specific violations that the plaintiff asserts. The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days prior to the filing of a petition for injunctive relief.
B. In any civil action or action for injunctive relief based on a claim that an organization's website does not conform with applicable law, codes and standards for the visually or hearing impaired, the plaintiff shall attach to the petition:
1. A copy of the notice required by subsection A of this section; and
2. A copy of the certified mail return receipt signed by the defendant or person authorized to receive service of process for the defendant.
C. If a civil action or action for injunctive relief that is based on a claim that an organization's website does not conform with applicable law, codes and standards for the visually or hearing impaired is filed without the documentation required by subsection B of this section or if the petition is filed less than one hundred twenty (120) days after the date the notice required by subsection A of this section is sent, the court shall, upon motion of the defendant, dismiss the action without prejudice to its refiling.
D. If the defendant corrects the alleged website defect prior to the filing of the petition and the plaintiff files the petition, the court shall dismiss the action and award court costs and reasonable attorney fees to the defendant. In addition, the court shall impose sanctions if the action is determined to be frivolous pursuant to Section 2011 of Title 12 of the Oklahoma Statutes.
E. If the defendant has made a reasonable effort to correct the defect but has not completed the correction within one hundred twenty (120) days of notification as directed in subsection A of this section or prior to the filing of the petition, the court may, upon application of the defendant for good cause shown, grant the defendant a reasonable extension of time, based on the nature of the work needed on the website to correct the deficiency. If the correction is completed within that period of time, the court shall dismiss the action.
Added by Laws 2017, c. 92, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2004.2. Notice of pendency of action.

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's title; except that:
1. As to actions in either state or federal court involving real property, such notice shall be effective from and after the time that a notice of pendency of action, identifying the case and the court in which it is pending and giving the legal description of the land affected by the action, is filed of record in the office of the county clerk of the county wherein the land is situated; and
2. Notice of the pendency of an action shall have no effect unless service of process is made upon the defendant or service by publication is commenced within one hundred twenty (120) days after the filing of the petition.
B. Except as to mechanics and materialman lien claimants, any interest in real property which is the subject matter of an action pending in any state or federal court, acquired or purported to be acquired subsequent to the filing of a notice of pendency of action as provided in subsection A of this section, or acquired or purported to be acquired prior to but filed or perfected after the filing of such notice of pendency of action, shall be void as against the prevailing party or parties to such action.
C. No person purporting to acquire or perfect an interest in real property in contravention of this section need be given notice of a sale upon execution or of hearing upon confirmation thereof.
Added by Laws 1985, c. 277, § 5, eff. Nov. 1, 1985. Amended by Laws 1987, c. 189, § 4, operative Nov. 1, 1987.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2004.3. Alternate delivery methods for copy of process, papers - 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 commercial courier service, overnight delivery service, or other reliable personal delivery service to the party addressed, in each instance evidenced by a written or electronic receipt signed by the addressee showing to whom delivered, date of delivery, address where delivered, and person or entity effecting delivery. Acceptance of service by a person who is fifteen (15) years of age or older who resides at the defendant's dwelling house or usual place of abode shall constitute acceptance by the party addressed. A return receipt signed at a dwelling house or usual place of abode shall be presumed to have been signed by a person who is fifteen (15) years of age or older who resides at that dwelling house or abode.
B. In lieu of mailing a copy of papers by ordinary mail as required or allowed by this title, a party or attorney may send same by commercial courier service, overnight delivery service, or other reliable personal delivery service to the party addressed.
C. When one of the methods described in this section is utilized, all deadlines based upon service shall be calculated in the same manner as if the service had been by mail.
D. This section shall not apply to the filing of any document with a court clerk. The filing of documents with a court clerk remains governed by the Oklahoma Statutes and court rules.
E. In case of an entity described in division (3) of subparagraph c of paragraph 1 of subsection C of Section 2004 of this title, acceptance by any officer or by any employee of the registered office or principal place of business who is authorized to or who regularly receives certified mail shall constitute acceptance by the party addressed. A return receipt signed at such registered office or principal place of business shall be presumed to have been signed by an employee authorized to receive certified mail.
Added by Laws 2007, c. 12, § 6, eff. Nov. 1, 2007. Amended by Laws 2012, c. 243, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2005.1. Service of postjudgment motions in divorce actions.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2007. Pleadings allowed - Form of motions.

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 original party is summoned under the provisions of Section 14 of this act; and a third-party answer, if a third-party petition is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
B. MOTIONS AND OTHER PAPERS.
1. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
2. The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this act.
3. All motions shall be signed in accordance with Section 11 of this act.
C. DEMURRERS TO THE PLEADINGS, PLEAS, ETC., ABOLISHED. Demurrers to the pleadings, pleas, and exceptions for insufficiency of a pleading shall not be used.
Added by Laws 1984, c. 164, § 7, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2010. Form of pleadings.

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 include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. In a third-party petition the title of the action shall include the names of the parties to the third-party action; a counterclaim and a cross-claim shall include the names of the claimants and the parties against whom the claim is asserted; and a motion and petition in intervention shall include the names of the intervenors and the adverse parties. When a party is suing or being sued in a representative capacity, this should be stated in the title of the action.
B. PARAGRAPHS; SEPARATE STATEMENTS. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
C. ADOPTION BY REFERENCE; EXHIBITS. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
Added by Laws 1984, c. 164, § 10, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2011.1. Finding of frivolous claim - Actions not arising out of 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 action by a nonprevailing party was frivolous or proven knowingly false. As used in this section, "frivolous" means the claim or defense was knowingly asserted in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. As used in this section, "knowingly false" means the claim or defense was knowingly asserted with the intent to deceive which shall be proven by clear and convincing evidence. Upon so finding, the court shall enter an order requiring such nonprevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense. In addition, the court may impose any sanction authorized by Section 2011 of this title.
Added by Laws 2004, c. 370, § 1, eff. Nov. 1, 2004. Amended by Laws 2007, c. 12, § 10, eff. Nov. 1, 2007; Laws 2013, 1st Ex. Sess., c. 4, § 4, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex. Sess., c. 4, § 5, emerg. eff. Sept. 10, 2013; Laws 2022, c. 224, § 1, eff. Nov. 1, 2022.
NOTE: Laws 2009, c. 228, § 15 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex. Sess., c. 4, § 1, emerg. eff. Sept. 10, 2013.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2014. Third-party practice.

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 all or part of the plaintiff's claim against him or who is liable to him on a claim arising out of the transaction or occurrence that is the subject matter of a claim that is asserted against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party petition not later than ten (10) days after he serves his original answer. Otherwise, he must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party petition, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff's claim as provided in Section 12 of this act and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Section 13 of this act. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses as provided in Section 12 of this act and his counterclaims and cross-claims as provided in Section 13 of this act. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this section against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant.
B. WHEN PLAINTIFF MAY BRING IN THIRD PARTY. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which pursuant to this section would entitle a defendant to do so.
Added by Laws 1984, c. 164, § 14, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2016. Pretrial procedure - Formulating issues.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2017. Parties plaintiff and defendant - Capacity.

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 for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
B. CAPACITY TO SUE OR BE SUED. Except as otherwise provided by law, any person, corporation, partnership, or unincorporated association shall have capacity to sue or be sued in this state.
C. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
D. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of claims not arising out of contract is prohibited. However, nothing in this section shall be construed to affect the law in this state as relates to the transfer of claims through subrogation.
Added by Laws 1984, c. 164, § 17, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2018. Joinder of claims and remedies.

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 opposing party.
B. JOINDER OF REMEDIES; FRAUDULENT CONVEYANCES. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.
C. CONSOLIDATION. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
D. SEPARATE TRIALS. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, always preserving inviolate the right of trial by jury.
Added by Laws 1984, c. 164, § 18, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2019. Joinder of persons needed for just adjudication.

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 interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:
a.
as a practical matter, impair or impede his ability to protect that interest, or
b.
leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.
If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant or, in a proper case, an involuntary plaintiff.
B. DETERMINATION BY COURT WHENEVER JOINDER NOT FEASIBLE. If a person as described in paragraphs 1 and 2 of subsection A of this section cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include:
1. To what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties;
2. The extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided;
3. Whether a judgment rendered in the person's absence will be adequate; and
4. Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
C. PLEADING REASONS FOR NONJOINDER. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in paragraphs 1 and 2 of subsection A of this section who are not joined and the reasons why they are not joined.
D. EXCEPTION OF CLASS ACTIONS. This section is subject to the provisions of Section 23 of this act.
Added by Laws 1984, c. 164, § 19, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2020. Permissive joinder of parties.

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 out of a series of transactions or occurrences and any question of law or fact common to all these persons will arise in the action, or
c.
if the claims are connected with the subject matter of the action.
2. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative:
a.
any right to relief in respect of or arising out of the same transaction or occurrence, or
b.
if the claims arise out of a series of transactions or occurrences and any question of law or fact common to all defendants will arise in the action, or
c.
if the claims are connected with the subject matter of the action.
3. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
B. ACTIONS INVOLVING PROPERTY. In actions to quiet title or actions to enforce mortgages or other liens, persons who assert an interest in the property that is the subject of the action may be joined although their interest does not arise from the same transaction or occurrence. The court may order separate trials to prevent delay or prejudice.
C. SEPARATE TRIALS. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice. In determining whether to allow joinder under this section or to order separate trials, the court shall consider if in the interest of justice such action provides a fair and convenient forum for all parties.
Added by Laws 1984, c. 164, § 20, eff. Nov. 1, 1984. Amended by Laws 2004, c. 368, § 11, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2021. Misjoinder and nonjoinder of parties.

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 party may be severed and proceeded with separately. In determining whether to add or drop parties under this section, the court shall consider if in the interest of justice such action provides a fair and convenient forum for all parties.
Added by Laws 1984, c. 164, § 21, eff. Nov. 1, 1984. Amended by Laws 2004, c. 368, § 12, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2022. Interpleader.

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 the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in Section 20 of this act.
B. The provisions of this section shall be applicable to actions brought against a sheriff or other officer for the recovery of personal property taken by him under execution or for the proceeds of such property so taken and sold by him; and the defendant in any such action shall be entitled to the benefit of this section against the party in whose favor the execution issued.
C. The court may make an order for the safekeeping of the subject of the action or for its payment or delivery into the court or to such person as the court may direct, and the court may order the person who is seeking relief by way of interpleader to give a bond, payable to the clerk of the court, in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance with the future order or judgment of the court with respect to the subject matter of the controversy. Where the party seeking relief by way of interpleader claims no interest in the subject of the action and the subject of the action has been deposited with the court or with a person designated by the court, the court should discharge him from the action and from liability as to the claims of the other parties to the action with costs and, in the discretion of the court, a reasonable attorney fee.
D. In cases of interpleader, costs may be adjudged for or against any party, except as provided in subsection C of this section.
Added by Laws 1984, c. 164, § 22, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2023.1. Derivative actions by shareholders.

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, the petition shall be verified and shall allege that the plaintiff was a shareholder or member at the time of the transaction of which he complains or that his share or membership thereafter devolved on him by operation of law. The petition shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the directors or comparable authority and, if necessary, from the shareholders or members, and the reasons for his failure to obtain the action or for not making the effort. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation or association. The action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to shareholders or members in such manner as the court directs.
Added by Laws 1984, c. 164, § 24, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2023.2. Actions relating to unincorporated associations.

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 adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in subsection D of Section 23 of this act, and the procedure for dismissal or compromise of the action shall correspond with that provided in subsection E of Section 23 of this act.
Added by Laws 1984, c. 164, § 25, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2025.1. Assignment by parent to child of right to recover for 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 on behalf of said child and ask for a judgment for him for damages to which said parent or parents are entitled, said parent or parents will be deemed to have assigned to the minor child their right to recover such damages. Any damages recovered pursuant to this section shall be disposed of in the same manner as provided by Section 83 of Title 12 of the Oklahoma Statutes.
Added by Laws 1977, c. 138, § 1, eff. Oct. 1, 1977. Transferred from § 244 of Title 12. Renumbered from § 17.1 of Title 10 by Laws 2009, c. 233, § 201, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2026. Forms.

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. Nov. 1, 1984.