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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1120 By: Daniels
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7 AS INTRODUCED
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8 An Act relating to the Oklahoma Pleading Code;
8 amending 12 O.S. 2021, Sections 2008 and 2009, which
9 relate to general rules and special matters;
9 modifying requirements for certain claims and
10 averments; defining term; conforming language; making
10 language gender neutral; and providing an effective
11 date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2008, is
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18 amended to read as follows:
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19 Section 2008.
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20 GENERAL RULES OF PLEADING
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21 A. CLAIMS FOR RELIEF. A pleading which sets forth a claim for
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22 relief, whether an original claim, counterclaim, cross-claim or
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23 third-party claim, shall contain:
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1 1. A short and plain statement, made with particularity of all
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2 material facts known to the pleading party that support the claim
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3 showing, that creates a reasonable inference that the pleader is
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4 plausibly entitled to relief. For the purposes of this paragraph, a
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5 material fact is a fact that is necessary to the claim and without
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6 which the claim could not be supported. As to facts pleaded on
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7 belief, the pleading party shall set forth with particularity the
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8 factual information supporting the pleading party's belief; and
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9 2. A demand for judgment for the relief to which he or she
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10 deems himself or herself entitled. Every pleading demanding relief
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11 for damages in money in excess of the amount required for diversity
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12 jurisdiction pursuant to Section 1332 of Title 28 of the United
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13 States Code shall, without demanding any specific amount of money,
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14 set forth only that the amount sought as damages is in excess of the
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15 amount required for diversity jurisdiction pursuant to Section 1332
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16 of Title 28 of the United States Code, except in actions sounding in
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17 contract. Every pleading demanding relief for damages in money in
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18 an amount that is required for diversity jurisdiction pursuant to
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19 Section 1332 of Title 28 of the United States Code or less shall
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20 specify the amount of such damages sought to be recovered. Relief
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21 in the alternative or of several different types may be demanded.
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22 B. DEFENSES; FORM OF DENIALS. A party shall state in short and
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23 plain terms his or her defenses to each claim asserted and shall
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24 admit or deny the averments upon which the adverse party relies. If
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1 he or she is without knowledge or information sufficient to form a
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2 belief as to the truth of an averment, he or she shall so state and
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3 this statement has the effect of a denial. Denials shall fairly
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4 meet the substance of the averments denied. When a pleader intends
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5 in good faith to deny only a part or a qualification of an averment,
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6 he or she shall specify so much of it as is true and material and
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7 shall deny only the remainder. Unless the pleader intends in good
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8 faith to controvert all the averments of the preceding pleading, he
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9 or she may make his or her denials as specific denials of designated
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10 averments or paragraphs or he or she may generally deny all the
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11 averments except such designated averments or paragraphs as he or
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12 she expressly admits; but, when he or she does so intend to
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13 controvert all its averments, he or she may do so by general denial
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14 subject to the obligations set forth in Section 2011 of this title.
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15 C. AFFIRMATIVE DEFENSES. In pleading to a preceding pleading,
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16 a party shall set forth affirmatively:
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17 1. Accord and satisfaction;
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18 2. Arbitration and award;
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19 3. Assumption of risk;
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20 4. Contributory negligence;
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21 5. Discharge in bankruptcy;
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22 6. Duress;
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23 7. Estoppel;
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24 8. Failure of consideration;
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1 9. Fraud;
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2 10. Illegality;
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3 11. Injury by fellow servant;
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4 12. Laches;
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5 13. License;
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6 14. Payment;
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7 15. Release;
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8 16. Res judicata;
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9 17. Statute of frauds;
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10 18. Statute of limitations;
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11 19. Waiver; and
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12 20. Any other matter constituting an avoidance or affirmative
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13 defense.
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14 When a party has mistakenly designated a defense as a
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15 counterclaim or a counterclaim as a defense, the court on terms, if
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16 justice so requires, shall treat the pleading as if there had been a
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17 proper designation.
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18 D. EFFECT OF FAILURE TO DENY. Averments in a pleading to which
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19 a responsive pleading is required, other than those as to the amount
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20 of damage, are admitted when not denied in the responsive pleading.
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21 Averments in a pleading to which no responsive pleading is required
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22 or permitted shall be taken as denied or avoided.
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23 E. PLEADING TO BE CONCISE AND DIRECT ALTERNATIVE STATEMENTS;
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24 CONSISTENCY INCONSISTENCY.
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1 1. Each averment of a pleading shall be simple, concise, and
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2 direct. No technical forms of pleadings or motions are required.
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3 2. A party may set forth, and at trial rely on, two or more
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4 statements of a claim or defense alternately or hypothetically,
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5 either in one count or defense or in separate counts or defenses.
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6 When two or more statements are made in the alternative and one of
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7 them if made independently would be sufficient, the pleading is not
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8 made insufficient by the insufficiency of one or more of the
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9 alternative statements. A party may also state as many separate
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10 claims or defenses as he or she has regardless of consistency and
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11 whether based on legal or equitable grounds. All statements shall
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12 be made subject to the obligations set forth in Section 2011 of this
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13 title.
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14 F. CONSTRUCTION OF PLEADINGS. All pleadings shall be so
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15 construed as to do substantial justice.
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16 SECTION 2. AMENDATORY 12 O.S. 2021, Section 2009, is
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17 amended to read as follows:
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18 Section 2009.
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19 PLEADING SPECIAL MATTERS
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20 A. CAPACITY. It is not necessary to aver the capacity of a
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21 party to sue or be sued or the authority of a party to sue or be
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22 sued in a representative capacity or the legal existence of an
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23 organized association of persons that is made a party. When a party
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24 desires to raise an issue as to the legal existence of any party or
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1 the capacity of any party to sue or be sued or the authority of a
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2 party to sue or be sued in a representative capacity, he or she
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3 shall do so by negative averment, which shall include such
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4 supporting particulars as are peculiarly within the pleader's
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5 knowledge, and he or she shall have the burden of proof on that
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6 issue.
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7 B. FRAUD, MISTAKE, CONDITION OF THE MIND. In accordance with
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8 paragraph 1 of subsection A of Section 2008 of this title, in all
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9 averments of fraud or mistake, the circumstances constituting fraud
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10 or mistake shall be stated with particularity. Malice, intent,
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11 knowledge, and other condition of mind of a person may be averred
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12 generally.
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13 C. CONDITIONS PRECEDENT. In pleading the performance or
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14 occurrence of conditions precedent, if the pleading otherwise
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15 satisfies the requirements of paragraph 1 of subsection A of Section
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16 2008 of this title, it is sufficient to aver generally that all
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17 conditions precedent have been performed or have occurred. A denial
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18 of performance or occurrence shall be made specifically and with
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19 particularity.
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20 D. OFFICIAL DOCUMENT OR ACT. In pleading an official document
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21 or official act, it is sufficient to aver that the document was
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22 issued or the act done in compliance with law.
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23 E. JUDGMENT. In pleading a judgment or decision of a domestic
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24 or foreign court, judicial or quasi-judicial tribunal, or of a board
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1 or officer, it is sufficient to aver the judgment or decision
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2 without setting forth matter showing jurisdiction to render it.
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3 F. TIME AND PLACE. For the purpose of testing the sufficiency
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4 of a pleading, averments of time and place are material and shall be
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5 considered like all other averments of material matter.
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6 G. SPECIAL DAMAGE. When items of special damage are claimed,
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7 their nature shall be specifically stated. In actions where
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8 exemplary or punitive damages are sought, the petition shall not
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9 state a dollar amount for damages sought to be recovered but shall
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10 state whether the amount of damages sought to be recovered is in
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11 excess of or not in excess of the amount required for diversity
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12 jurisdiction pursuant to Section 1332 of Title 28 of the United
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13 States Code.
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14 H. MOTION TO CLARIFY DAMAGES. If the amount of damages sought
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15 to be recovered by the plaintiff is less than the amount required
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16 for diversity jurisdiction pursuant to Section 1332 of Title 28 of
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17 the United States Code, the defendant may file, for purposes of
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18 establishing diversity jurisdiction only, a Motion to Clarify
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19 Damages prior to the pretrial order to require the plaintiff to show
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20 by a preponderance of the evidence that the amount of damages, if
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21 awarded, will not exceed the amount required for diversity. If the
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22 court finds that any damages awarded are more likely than not to
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23 exceed the amount of damages required for diversity jurisdiction,
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24 the plaintiff shall amend his or her pleadings in conformance with
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1 paragraph 2 of subsection A of Section 2008 of this title.
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2 SECTION 3. This act shall become effective November 1, 2025.
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4 60-1-1313 TEK 1/16/2025 3:50:37 PM
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Req. No. 1313 Page 8Every fact on this page links to its source, starting with the official bill record.