{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2012","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2012","heading":"Defenses and objections - When and how presented - By","body":"pleading or motion.\n\nDEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED;\n\nBY PLEADING OR MOTION\n\nA. WHEN PRESENTED. 1. Unless a different time is prescribed\n\nby law, a defendant shall serve an answer:\n\na. within twenty (20) days after the service of the\n\nsummons and petition upon the defendant,\n\nb. within twenty (20) days after the service of the\n\nsummons and petition upon the defendant, or within the\n\nlast day for answering if applicable; provided, a\n\ndefendant may file a reservation of time which shall\n\nextend the time to respond twenty (20) days from the\n\nlast date for answering. The filing of such a\n\nreservation of time waives defenses of paragraphs 2,\n\n3, 4, 5, 6, and 9 of subsection B of this section.\n\n2. A party served with a pleading stating a cross-claim against\n\nthat party shall serve an answer thereto within twenty (20) days\n\nafter the service upon the party.\n\n3. The plaintiff shall serve a reply to a counterclaim in the\n\nanswer within twenty (20) days after service of the answer or, if a\n\nreply is ordered by the court, within twenty (20) days after service\n\nof the order, unless the order otherwise directs.\n\n4. The party requesting a summons to be issued or filing a\n\ncounter-claim or cross-claim may elect to have the answer served\n\nwithin thirty-five (35) days in lieu of the twenty (20) days set\n\nforth in this section.\n\n5. The service of a motion permitted under this section or a\n\nmotion for summary judgment alters these periods of time as follows:\n\nif the court denies the motion or postpones its disposition until\n\nthe trial on the merits, the responsive pleading shall be served\n\nwithin twenty (20) days after notice of the court's action, unless a\n\ndifferent time is fixed by order of the court.\n\nB. HOW PRESENTED. Every defense, in law or fact, to a claim\n\nfor relief in any pleading, whether a claim, counterclaim, cross-\n\nclaim, or third-party claim, shall be asserted in the responsive\n\npleading thereto if one is required, except that the following\n\ndefenses may at the option of the pleader be made by motion:\n\n1. Lack of jurisdiction over the subject matter;\n\n2. Lack of jurisdiction over the person;\n\n3. Improper venue;\n\n4. Insufficiency of process;\n\n5. Insufficiency of service of process;\n\n6. Failure to state a claim upon which relief can be granted;\n\n7. Failure to join a party under Section 2019 of this title;\n\n8. Another action pending between the same parties for the same\n\nclaim;\n\n9. Lack of capacity of a party to be sued; and\n\n10. Lack of capacity of a party to sue.\n\nA motion making any of these defenses shall be made before pleading\n\nif a further pleading is permitted. No defense or objection is\n\nwaived by being joined with one or more other defenses or objections\n\nin a responsive pleading or motion. If a pleading sets forth a\n\nclaim for relief to which the adverse party is not required to serve\n\na responsive pleading, the adverse party may assert at the trial any\n\ndefense in law or fact to that claim for relief. If, on a motion\n\nasserting the defense numbered 6 of this subsection to dismiss for\n\nfailure of the pleading to state a claim upon which relief can be\n\ngranted, matters outside the pleading are presented to and not\n\nexcluded by the court, the motion shall be treated as one for\n\nsummary judgment and all parties shall be given reasonable\n\nopportunity to present all material made pertinent to the motion by\n\nthe rules for summary judgment. A motion to dismiss for failure to\n\nstate a claim upon which relief can be granted shall separately\n\nstate each omission or defect in the petition, and a motion that\n\ndoes not specify such defects or omissions shall be denied without a\n\nhearing and the defendant shall answer within twenty (20) days after\n\nnotice of the court's action.\n\nC. PRELIMINARY HEARINGS. The defenses specifically enumerated\n\nin paragraphs 1 through 10 of subsection B of this section, whether\ncan be granted shall separately\n\nstate each omission or defect in the petition, and a motion that\n\ndoes not specify such defects or omissions shall be denied without a\n\nhearing and the defendant shall answer within twenty (20) days after\n\nnotice of the court's action.\n\nC. PRELIMINARY HEARINGS. The defenses specifically enumerated\n\nin paragraphs 1 through 10 of subsection B of this section, whether\n\nmade in a pleading or by motion, and the motion to strike mentioned\n\nin subsection D of this section shall be heard and determined before\n\ntrial on application of any party, unless the court orders that the\n\nhearing and determination thereof be deferred until the trial. If\n\nthe court determines that venue is proper, the action shall not be\n\ndismissed for improper venue as a result of the jury's verdict or\n\nthe subsequent ruling of the court on a demurrer to the evidence or\n\na motion for a directed verdict.\n\nD. MOTION TO STRIKE. Upon motion made by a party before\n\nresponding to a pleading or, if no responsive pleading is permitted\n\nby this act, upon motion made by a party within twenty (20) days\n\nafter the service of the pleading upon the party or upon the court's\n\nown initiative at any time, the court may order stricken from any\n\npleading any insufficient defense. If, on a motion to strike an\n\ninsufficient defense, matters outside the pleadings are presented to\n\nand not excluded by the court, the motion shall be treated as one\n\nfor partial summary judgment and all parties shall be given\n\nreasonable opportunity to present all materials made pertinent to\n\nthe motion by the rules for summary judgment.\n\nE. CONSOLIDATION OF DEFENSES IN MOTION. A party who makes a\n\nmotion under this section may join with it any other motions herein\n\nprovided for and then available to the party. If a party makes a\n\nmotion under this section but omits therefrom any defense or\n\nobjection then available to the party which this section permits to\n\nbe raised by motion, the party shall not thereafter make a motion\n\nbased on the defense or objection so omitted, except a motion as\n\nprovided in paragraph 2 of subsection F of this section on the\n\ngrounds there stated. The court in its discretion may permit a\n\nparty to amend a motion by stating additional defenses or objections\n\nif an amendment is sought at least five (5) days before the hearing\n\non the motion.\n\nF. WAIVER OR PRESERVATION OF CERTAIN DEFENSES.\n\n1. A defense of lack of jurisdiction over the person, improper\n\nvenue, insufficiency of process, insufficiency of service of\n\nprocess, failure to state a claim upon which relief can be granted,\n\nor lack of capacity of a party to be sued is waived:\n\na. if omitted from a motion that raises any of the\n\ndefenses or objections which this section permits to\n\nbe raised by motion, or\n\nb. if it is not made by motion and it is not included in\n\na responsive pleading or an amendment thereof\n\npermitted by subsection A of Section 2015 of this\n\ntitle to be made as a matter of course. A motion to\n\nstrike an insufficient defense is waived if not raised\n\nas in subsection D of this section.\n\n2. A defense of failure to join a party indispensable under\n\nSection 2019 of this title may be made in any pleading permitted or\n\nordered under subsection A of Section 2007 of this title or at the\n\ntrial on the merits. A defense of another action pending between\n\nthe same parties for the same claim or a defense of lack of capacity\n\nof a party to sue may be made in any pleading permitted or ordered\n\npursuant to the provisions of subsection A of Section 2007 of this\n\ntitle or at the pretrial conference.\n\n3. Whenever it appears by suggestion of the parties or\n\notherwise that the court lacks jurisdiction of the subject matter,\n\nthe court shall dismiss the action.\n\n4. A waiver of the defense in paragraph 6 of subsection B of\ntted or ordered\n\npursuant to the provisions of subsection A of Section 2007 of this\n\ntitle or at the pretrial conference.\n\n3. Whenever it appears by suggestion of the parties or\n\notherwise that the court lacks jurisdiction of the subject matter,\n\nthe court shall dismiss the action.\n\n4. A waiver of the defense in paragraph 6 of subsection B of\n\nthis section does not preclude a later contention that a party is\n\nnot entitled to any relief as a matter of law, either by motion for\n\nsummary judgment, or by demurrer or motion at or after trial.\n\nG. FINAL DISMISSAL ON FAILURE TO AMEND. On granting a motion\n\nto dismiss a claim for relief, the court shall grant leave to amend\n\nif the defect can be remedied and shall specify the time within\n\nwhich an amended pleading shall be filed. If the amended pleading\n\nis not filed within the time allowed, final judgment of dismissal\n\nwith prejudice shall be entered on motion except in cases of\n\nexcusable neglect. In such cases amendment shall be made by the\n\nparty in default within a time specified by the court for filing an\n\namended pleading. Within the time allowed by the court for filing\n\nan amended pleading, a plaintiff may voluntarily dismiss the action\n\nwithout prejudice.","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":"02bc264cc9a50d4b047acb0356aef60c78fd33bb78205dae7ec94007d1741bdb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2011.1","next":"us-ok/okla.-stat.-tit.-12-12-2013"},"notice":"GroundRules: Original legal text. Not legal advice."}