{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-684","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-684","heading":"Dismissal of case – With and without order of court","body":"A. An action may be dismissed by the plaintiff without an order\n\nof court by filing a notice of dismissal at any time before\n\npretrial. After the pretrial hearing, an action may only be\n\ndismissed by agreement of the parties or by the court. Unless\n\notherwise stated in the notice of dismissal or stipulation, the\n\ndismissal is without prejudice.\n\nB. Except as provided in subsection A of this section, an\n\naction shall not be dismissed at the plaintiff's request except upon\n\norder of the court and upon such terms and conditions as the court\n\ndeems proper. If a counterclaim has been pleaded by a defendant\n\nprior to the service upon the defendant of the plaintiff's motion to\n\ndismiss, the action shall not be dismissed against the defendant's\n\nobjection unless the counterclaims can remain pending for\n\nindependent adjudication by the court. Unless otherwise specified\n\nin the order, a dismissal under this subsection is without\n\nprejudice.\n\nC. For failure of the plaintiff to prosecute or to comply with\n\nthe provisions of this section or any order of court, a defendant\n\nmay move for dismissal of an action or of any claim against the\n\ndefendant.\n\nD. The provisions of this section apply to the dismissal of any\n\ncounterclaim, cross-claim, or third-party claim. A voluntary\n\ndismissal by the claimant alone pursuant to subsection A of this\n\nsection shall be made before a responsive pleading is served or, if\n\nthere is none, before the introduction of evidence at the trial or\n\nhearing.\n\nIf a plaintiff who has once dismissed an action in any court\n\ncommences an action based upon or including the same claim against\n\nthe same defendant, the court may make such order for the payment of\n\ncosts of the action previously dismissed as it may deem proper and\n\nmay stay the proceedings in the action until the plaintiff has\n\ncomplied with the order.","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":"b70524c2ed446f905e3fe46737c21c2deedc14a7f56e263f76e8731dcb8b7f7b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-683","next":"us-ok/okla.-stat.-tit.-12-12-684.1"},"notice":"GroundRules: Original legal text. Not legal advice."}