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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12, § 12-2017: Parties plaintiff and defendant - Capacity

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Where this section sits in the code
  1. OK Code
  2. Title 12

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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