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

Okla. Stat. tit. 12, § 12-684: Dismissal of case – With and without order of court

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

A. An action may be dismissed by the plaintiff without an order

of court by filing a notice of dismissal at any time before

pretrial. After the pretrial hearing, an action may only be

dismissed by agreement of the parties or by the court. Unless

otherwise stated in the notice of dismissal or stipulation, the

dismissal is without prejudice.

B. Except as provided in subsection A of this section, an

action shall not be dismissed at the plaintiff's request except upon

order of the court and upon such terms and conditions as the court

deems proper. If a counterclaim has been pleaded by a defendant

prior to the service upon the defendant of the plaintiff's motion to

dismiss, the action shall not be dismissed against the defendant's

objection unless the counterclaims can remain pending for

independent adjudication by the court. Unless otherwise specified

in the order, a dismissal under this subsection is without

prejudice.

C. For failure of the plaintiff to prosecute or to comply with

the provisions of this section or any order of court, a defendant

may move for dismissal of an action or of any claim against the

defendant.

D. The provisions of this section apply to the dismissal of any

counterclaim, cross-claim, or third-party claim. A voluntary

dismissal by the claimant alone pursuant to subsection A of this

section shall be made before a responsive pleading is served or, if

there is none, before the introduction of evidence at the trial or

hearing.

If a plaintiff who has once dismissed an action in any court

commences an action based upon or including the same claim against

the same defendant, the court may make such order for the payment of

costs of the action previously dismissed as it may deem proper and

may stay the proceedings in the action until the plaintiff has

complied with the order.

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

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