§12-1. Title of chapter.
This chapter shall be known as the Code of Civil Procedure of the State of Oklahoma. R.L. 1910, § 4641.
§12-100. Limitation of new action after reversal or failure otherwise than on merits.
If any action is commenced within due time, and a judgment thereon for the plaintiff is reversed, or if the plaintiff fail in such action otherwise than upon the merits, the plaintiff, or, if he should die, and the cause of action survive, his representatives may commence a new action within one (1) year after […]
§12-101. Extension of limitation – Part payment, acknowledgment or new promise.
In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought in such case within the period prescribed for the same, after […]
§12-102. Statutory bar absolute – Exception.
When a right of action is barred by the provisions of any statute, it shall be unavailable either as a cause of action or ground of defense, except as otherwise provided with reference to a counterclaim or setoff. R.L. 1910, § 4664.
§12-1031. District court – Power to vacate or modify its judgments, when.
The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter: 1. By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651 through 655 of this title; 2. As authorized in subsection C of Section 2004 of […]
§12-1031.1. Authorization to correct, open, modify or vacate judgments – Time – Notice.
A. A court may correct, open, modify or vacate a judgment, decree, or appealable order on its own initiative not later than thirty (30) days after the judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk. Notice of the court’s action shall be […]
§12-1032. Proceedings to be by motion – Notice.
The proceedings to correct mistakes or omissions of the clerk, or irregularity in obtaining a judgment or order, shall be by motion, upon reasonable notice to the adverse party or his attorney in the action. R.L. 1910, § 5268. Amended by Laws 1969, c. 304, § 4, emerg. eff. April 28, 1969; Laws 1993, c. […]
§12-1033. Proceedings by petition, when – Summons.
If more than thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order, on the grounds mentioned in paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 of this title, shall be by petition, verified by affidavit, setting […]
§12-1034. Trial of application to vacate.
The court may first try and decide upon the grounds to vacate or modify a judgment or order before trying or deciding upon the validity of the defense or cause of action. R.L. 1910, § 5270.
§12-1035. Liens and securities preserved.
If a judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment. R.L. 1910, § 5271. Amended by Laws 1990, c. 251, § 16, eff. Jan. 1, 1991.
§12-1036. Suspending proceedings – Bond.
The party seeking to vacate or modify a judgment or order, may obtain an order suspending proceedings on the whole or part thereof; which order may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit, or by exhibition of the record, that the party is entitled to have […]
§12-1037. Suspension where judgment given prematurely.
When the judgment was rendered before the action stood for trial, the suspension may be granted, as provided in the last section, although no valid defense to the action is shown; and the court shall make such orders, concerning the executions to be issued on the judgment as shall give to the defendant the same […]
§12-1038. Limitations.
Proceedings to vacate or modify a judgment, decree or order, for the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of this title must be commenced within two (2) years after the filing of the judgment, decree or order, unless the party entitled thereto be an infant, or a person of unsound […]
§12-104. Claims arising outside state – “Claim” defined.
As used in this act, “claim” means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute. Added by Laws 1965, c. 98, § 1, emerg. eff. May 12, 1965.
§12-105. Law governing.
The period of limitation applicable to a claim accruing outside of this state shall be that prescribed either by the law of the place where the claim accrued or by the law of this state, whichever last bars the claim. Added by Laws 1965, c. 98, § 2, emerg. eff. May 12, 1965. Amended by […]
§12-1051. Causes of action that survive.
In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable […]
§12-1052. Actions which abate on death of party.
No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant. An action for libel, slander or malicious prosecution shall not abate after a jury verdict or a decision by […]
§12-1053. Wrongful death – Limitation of actions – Damages.
A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she […]
§12-1054. Action for death – Who may sue.
In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article is at the time of his death in any other state or territory, or when, being a resident of this state, no personal representative is or has been appointed, the action […]
§12-1055. Death of a child.
In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of anticipated services and support, loss of companionship and love of the child, destruction of parent-child relationship and loss of monies expended by parents or guardian in support, […]