{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2025","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2025","heading":"Substitution of parties","body":"SUBSTITUTION OF PARTIES\n\nA. DEATH.\n\n1. If a party dies and the claim is not thereby extinguished,\n\nthe court may order substitution of the proper parties. The motion\n\nfor substitution may be made by any party or by the successors or\n\nrepresentatives of the deceased party and, together with the notice\n\nof hearing, shall be served on the parties as provided in Section\n\n2005 of this title and upon persons not parties in the manner\n\nprovided in Section 2004 of this title for the service of a summons.\n\nDuring the pendency of an action any party or any attorney who was\n\nan attorney of record for the deceased party immediately preceding\n\ndeath may file with the court a statement of the death of another\n\nparty conforming substantially to Form 22 of Section 2027 of this\n\ntitle along with proof of death and serve the statement of death and\n\nproof of death on all other parties in the manner provided in\n\nSection 2005 of this title. Unless the motion for substitution is\n\nmade within ninety (90) days of service of the statement of death,\n\nthe action shall be dismissed without prejudice as to the deceased\n\nparty.\n\n2. In the event of the death of one or more of the plaintiffs\n\nor of one or more of the defendants in an action in which the right\n\nsought to be enforced survives only to the surviving plaintiffs or\n\nonly against the surviving defendants, the action does not abate. A\n\nstatement of death conforming substantially to Form 22 of Section\n\n2027 of this title along with proof of death shall be filed with the\n\ncourt by any party and served on all other parties, and the action\n\nshall proceed in favor of or against the surviving parties.\n\nB. INCOMPETENCY. If a party becomes incompetent, the court\n\nupon motion served as provided in subsection A of this section may\n\nallow the action to be continued by or against the representative of\n\nthe incompetent party.\n\nC. TRANSFER OF INTEREST. In case of any transfer of interest,\n\nthe action may be continued by or against the original party, unless\n\nthe court upon motion directs the person to whom the interest is\n\ntransferred to be substituted in the action or joined with the\n\noriginal party. Service of the motion shall be made as provided in\n\nsubsection A of this section.\n\nD. PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE.\n\n1. When a public officer is a party to an action in the\n\nofficial capacity of the public officer and during its pendency\n\ndies, resigns, or otherwise ceases to hold office, the action does\n\nnot abate and the successor of the public officer is automatically\n\nsubstituted as a party. Proceedings following the substitution\n\nshall be in the name of the substituted party, but any misnomer not\n\naffecting the substantial rights of the parties shall be\n\ndisregarded. An order of substitution may be entered at any time,\n\nbut the omission to enter such an order shall not affect the\n\nsubstitution.\n\n2. When a public officer sues or is sued in the official\n\ncapacity of the public officer, the public officer may be described\n\nas a party by the official title of the public officer rather than\n\nby name; but the court may require the name of the public officer to\n\nbe added.","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":"433811ec7ed59d3e0c2e3ebe629f65a3d0ee21af8cf944253ea43c778096f959","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2024","next":"us-ok/okla.-stat.-tit.-12-12-2025.1"},"notice":"GroundRules: Original legal text. Not legal advice."}