{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2009","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2009","heading":"Pleading special matters","body":"PLEADING SPECIAL MATTERS\n\nA. CAPACITY. It is not necessary to aver the capacity of a\n\nparty to sue or be sued or the authority of a party to sue or be\n\nsued in a representative capacity or the legal existence of an\n\norganized association of persons that is made a party. When a party\n\ndesires to raise an issue as to the legal existence of any party or\n\nthe capacity of any party to sue or be sued or the authority of a\n\nparty to sue or be sued in a representative capacity, he shall do so\n\nby negative averment, which shall include such supporting\n\nparticulars as are peculiarly within the pleader's knowledge, and he\n\nshall have the burden of proof on that issue.\n\nB. FRAUD, MISTAKE, CONDITION OF THE MIND. In all averments of\n\nfraud or mistake, the circumstances constituting fraud or mistake\n\nshall be stated with particularity. Malice, intent, knowledge, and\n\nother condition of mind of a person may be averred generally.\n\nC. CONDITIONS PRECEDENT. In pleading the performance or\n\noccurrence of conditions precedent, it is sufficient to aver\n\ngenerally that all conditions precedent have been performed or have\n\noccurred. A denial of performance or occurrence shall be made\n\nspecifically and with particularity.\n\nD. OFFICIAL DOCUMENT OR ACT. In pleading an official document\n\nor official act it is sufficient to aver that the document was\n\nissued or the act done in compliance with law.\n\nE. JUDGMENT. In pleading a judgment or decision of a domestic\n\nor foreign court, judicial or quasi-judicial tribunal, or of a board\n\nor officer, it is sufficient to aver the judgment or decision\n\nwithout setting forth matter showing jurisdiction to render it.\n\nF. TIME AND PLACE. For the purpose of testing the sufficiency\n\nof a pleading, averments of time and place are material and shall be\n\nconsidered like all other averments of material matter.\n\nG. SPECIAL DAMAGE. When items of special damage are claimed,\n\ntheir nature shall be specifically stated. In actions where\n\nexemplary or punitive damages are sought, the petition shall not\n\nstate a dollar amount for damages sought to be recovered but shall\n\nstate whether the amount of damages sought to be recovered is in\n\nexcess of or not in excess of the amount required for diversity\n\njurisdiction pursuant to Section 1332 of Title 28 of the United\n\nStates Code.\n\nH. MOTION TO CLARIFY DAMAGES. If the amount of damages sought\n\nto be recovered by the plaintiff is less than the amount required\n\nfor diversity jurisdiction pursuant to Section 1332 of Title 28 of\n\nthe United States Code, the defendant may file, for purposes of\n\nestablishing diversity jurisdiction only, a Motion to Clarify\n\nDamages prior to the pretrial order to require the plaintiff to show\n\nby a preponderance of the evidence that the amount of damages, if\n\nawarded, will not exceed the amount required for diversity. If the\n\ncourt finds that any damages awarded are more likely than not to\n\nexceed the amount of damages required for diversity jurisdiction,\n\nthe plaintiff shall amend his or her pleadings in conformance with\n\nparagraph 2 of subsection A of Section 2008 of this title.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"79168b6fee89979685e853775f5c002e9c77b05696a941087e5df081fbbea743","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2008","next":"us-ok/okla.-stat.-tit.-12-12-2010"},"notice":"GroundRules: Original legal text. Not legal advice."}