{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2015","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2015","heading":"Amended and supplemental pleadings","body":"AMENDED AND SUPPLEMENTAL PLEADINGS\n\nA. AMENDMENTS. A party may amend his or her pleading once as a\n\nmatter of course at any time before a responsive pleading is served\n\nor, if the pleading is one to which no responsive pleading is\n\npermitted and the action has not been placed upon the trial\n\ncalendar, he or she may so amend it at any time within twenty (20)\n\ndays after it is served. Amendments to add omitted counterclaims or\n\nto add or drop parties may be made as a matter of course within the\n\ntime specified above. Otherwise a party may amend the pleading only\n\nby leave of court by submitting the proposed amendment with the\n\nmotion for leave of court or by written consent of the adverse\n\nparty; and leave shall be freely given when justice so requires. A\n\nparty shall respond to an amended pleading within the time remaining\n\nfor response to the original pleading or within twenty (20) days\n\nafter the service of the amended pleading, whichever period may be\n\nlonger, unless the court otherwise orders.\n\nB. AMENDMENTS TO CONFORM TO THE EVIDENCE. When issues not\n\nraised by the pleadings or by the pretrial conference order, where\n\nthe order has superseded the pleadings, are tried by express or\n\nimplied consent of the parties, they shall be treated in all\n\nrespects as if they had been raised in the pleadings or the pretrial\n\nconference order. Such amendment as may be necessary to cause the\n\npleadings or the pretrial conference order to conform to the\n\nevidence and to raise these issues may be made upon motion of any\n\nparty at any time, even after judgment; but failure so to amend does\n\nnot affect the result of the trial of these issues. If evidence is\n\nobjected to at the trial on the ground that it is not within the\n\nissues made by the pleadings or the pretrial conference order, the\n\ncourt may allow the pleadings or the pretrial conference order to be\n\namended and shall do so freely when the presentation of the merits\n\nof the action will be served thereby and the objecting party fails\n\nto satisfy the court that the admission of such evidence would\n\nprejudice him or her in maintaining the action or defense upon the\n\nmerits. The court may grant a continuance to enable the objecting\n\nparty to meet such evidence.\n\nWhere the pretrial conference order has superseded the\n\npleadings, it is sufficient to amend the order and the pleadings\n\nshall not be amended.\n\nC. RELATION BACK OF AMENDMENTS. An amendment of a pleading\n\nrelates back to the date of the original pleading when:\n\n1. Relation back is permitted by the law that provides the\n\nstatute of limitations applicable to the action; or\n\n2. The claim or defense asserted in the amended pleading arose\n\nout of the conduct, transaction, or occurrence set forth or\n\nattempted to be set forth in the original pleading; or\n\n3. The amendment changes the party or the naming of the party\n\nagainst whom a claim is asserted if paragraph 2 of this subsection\n\nis satisfied and, within the period provided by subsection I of\n\nSection 2004 of this title for service of the summons and petition,\n\nthe party to be brought in by amendment:\n\na. has received such notice of the institution of the\n\naction that he or she will not be prejudiced in\n\nmaintaining a defense on the merits, and\n\nb. knew or should have known that, but for a mistake\n\nconcerning the identity of the proper party, the\n\naction would have been brought against him or her.\n\nAn amendment to add an omitted counterclaim does not relate back to\n\nthe date of the original answer.\n\nThe delivery or mailing of process to the Attorney General of\n\nOklahoma, or an agency or officer who would have been a proper\n\ndefendant if named, satisfies the requirements of subparagraphs a\n\nand b of this paragraph with respect to the State of Oklahoma or any\n\nagency or officer thereof to be brought into the action as a\n\ndefendant.\n\nD. SUPPLEMENTAL PLEADINGS. Upon motion of a party the court\n.\n\nThe delivery or mailing of process to the Attorney General of\n\nOklahoma, or an agency or officer who would have been a proper\n\ndefendant if named, satisfies the requirements of subparagraphs a\n\nand b of this paragraph with respect to the State of Oklahoma or any\n\nagency or officer thereof to be brought into the action as a\n\ndefendant.\n\nD. SUPPLEMENTAL PLEADINGS. Upon motion of a party the court\n\nmay, upon reasonable notice and upon such terms as are just, permit\n\nthe party to serve a supplemental pleading setting forth\n\ntransactions or occurrences or events which have happened since the\n\ndate of the pleading sought to be supplemented. Permission may be\n\ngranted even though the original pleading is defective in its\n\nstatement of a claim for relief or defense. If the court deems it\n\nadvisable that the adverse party plead to the supplemental pleading,\n\nit shall so order, specifying the time therefor. A supplemental\n\npleading relates back to the date of the original pleading if it\n\narises out of the conduct, transaction, or occurrence set forth in\n\nthe original pleading.","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":"331454dad66bd7f277734da8bf1a9e843e06c2c4418d8f477631a2ffa66c6cb8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2014","next":"us-ok/okla.-stat.-tit.-12-12-2016"},"notice":"GroundRules: Original legal text. Not legal advice."}