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Oklahoma Answer to a Complaint

Oklahoma gives you 20 calendar days to answer a petition under 12 O.S. 2012(A)(1)(a). File a typed answer with the District Court clerk to avoid a default.

Introduction

An Oklahoma Answer to a Complaint is the written response you file with the clerk of the District Court after you are served with a summons and the plaintiff's petition. It admits or denies the petition's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. The deadline is the load-bearing detail. Under 12 O.S. 2012(A)(1)(a), a defendant must serve an answer within twenty days after the summons and petition are served, and because twenty is at or above Oklahoma's eleven-day short-period threshold in 12 O.S. 2006(A), every calendar day counts with no weekend or holiday exclusion. Oklahoma has no statewide mandated form for a general civil answer. You type the answer on a pleading that complies with the caption and numbered-paragraph rules in 12 O.S. 2010, then file it with the clerk of the District Court named in the summons. The party who requested the summons or who files a counterclaim or cross-claim may elect a thirty-five-day answer period in lieu of twenty, but the defendant's default floor stays at twenty days unless that election appears on the summons. Miss the deadline and the plaintiff can take a default judgment for the relief demanded in the petition. DocDraft drafts an Oklahoma-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is twenty calendar days. Under 12 O.S. 2012(A)(1)(a) a defendant must serve an answer within twenty days after the summons and petition are served, and because twenty meets the eleven-day short-period threshold in 12 O.S. 2006(A), every calendar day counts with no weekend or holiday exclusion.

  2. 2

    There is no statewide answer form. Oklahoma has no mandated form for a general civil answer. You type the answer on a pleading that complies with the caption and numbered-paragraph rules in 12 O.S. 2010, then file it with the clerk of the District Court named in the summons.

  3. 3

    A thirty-five-day election may appear on the summons. Under 12 O.S. 2012(A), the party who requested the summons or who files a counterclaim or cross-claim may elect a thirty-five-day answer period in lieu of twenty days, but the defendant's default floor stays at twenty days unless that election is on the summons.

  4. 4

    Small claims has no written answer. Under 12 O.S. 1758 no formal pleading other than the claim and notice is required, and the defendant appears on the date set in the notice. The only paper deadline is a verified answer for a counterclaim or setoff, filed not later than seventy-two hours before the first appearance.

  5. 5

    An eviction case requires no answer before trial. Under 12 O.S. 1148.6(C) no answer is required before the time for trial, and the defendant appears at the trial date in the summons. The one exception is a defendant asserting title to the land or a boundary dispute, who must file a verified answer or affidavit within three days after service.

  6. 6

    There is generally no fee to file an answer, and a waiver exists. The answer filing fee is $0, though cross-claims or counterclaims may incur fees. If you cannot afford court costs, you can file a Pauper's Affidavit (In Forma Pauperis Affidavit) based on inability to pay.

  7. 7

    A related claim may be compulsory. Under 12 O.S. 2013(A) a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim must be stated in your answer. The statute of limitations on a written contract is five years under 12 O.S. 95(A)(1).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF OKLAHOMA

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER

COMES NOW the Defendant, [DEFENDANT NAME], and for an answer to the Petition of Plaintiff [PLAINTIFF NAME], states as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Petition, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Petition, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and therefore denies]. [Continue for each numbered paragraph of the Petition.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the five-year statute of limitations on a written contract under 12 O.S. 95(A)(1); payment; accord and satisfaction; fraud; waiver; statute of limitations.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under 12 O.S. 2013(A) a counterclaim arising out of the same transaction or occurrence is compulsory and must be filed with this answer.]

IV. PRAYER WHEREFORE, Defendant prays that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true and correct copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under 12 O.S. 2005(B), by [delivering a copy / mailing it / third-party commercial carrier / electronic means if consented in writing]. [SIGNATURE]

Oklahoma Requirements for Answer to a Complaint

Twenty-Day Answer Deadline

In a general civil case your answer is due within twenty days after the summons and petition are served, under 12 O.S. 2012(A)(1)(a). Because twenty days meets the eleven-day short-period threshold in 12 O.S. 2006(A), every calendar day counts with no weekend or holiday exclusion. The party who requested the summons or who filed a counterclaim may elect a thirty-five-day period, but the defendant's default floor is twenty days.

Typed Pleading, No Statewide Form

Oklahoma has no statewide mandated form for a general civil answer. Type the answer as a pleading that complies with the caption and numbered-paragraph rules in 12 O.S. 2010. The pleading admits or denies each allegation, states your affirmative defenses, and includes any counterclaim.

District Court Caption

Caption the answer for the District Court named in the summons in the county where the suit was filed. Small claims cases up to $10,000 are heard on the Small Claims Docket of the District Court. Include the case number, the parties' names, and a title such as Defendant's Answer.

File With the Court Clerk

File your answer with the clerk of the District Court named in the summons. Under 12 O.S. 2005(E) an answer may be filed with the court clerk or by facsimile or other electronic transmission as permitted by a rule of court.

Serve a Copy on the Plaintiff

Under 12 O.S. 2005(B), serve a copy of your answer on the plaintiff or their attorney by delivering a copy, mailing it, sending it by third-party commercial carrier, or by electronic means if consented to in writing, and keep proof of service.

No Answer Fee, Waiver Available

There is generally no fee to file a standard answer in Oklahoma, though cross-claims or counterclaims may incur fees. If you cannot afford court costs, file a Pauper's Affidavit, also called an In Forma Pauperis Affidavit, based on inability to pay.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as accord and satisfaction, assumption of risk, contributory negligence, fraud, payment, statute of limitations, or waiver. The statute of limitations on a written contract is five years under 12 O.S. 95(A)(1).

Compulsory Counterclaim If Any

Under 12 O.S. 2013(A), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim must be stated in your answer. A compulsory counterclaim must be filed with your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, 12 O.S. 2012(A)(1)(a) requires a defendant to serve an answer within twenty days after the summons and petition are served. Because twenty days meets the eleven-day short-period threshold in 12 O.S. 2006(A), every calendar day counts with no weekend or holiday exclusion. The obligation differs in other tracks. A small claims case requires no written answer because the defendant appears on the date set in the notice under 12 O.S. 1758, and an eviction case requires no answer before trial under 12 O.S. 1148.6(C). Missing your deadline can lead to a default judgment.

Oklahoma has no statewide mandated form for a general civil answer. You type the answer as a pleading that complies with the caption and numbered-paragraph rules in 12 O.S. 2010, including the court name, the parties, the case number, and a title such as Defendant's Answer. The pleading admits or denies the petition's allegations, states the affirmative defenses you intend to rely on, and includes any counterclaim you have against the plaintiff.

File your answer with the clerk of the District Court named in the summons. General civil cases are heard in the District Court, and small claims cases up to $10,000 are heard on the Small Claims Docket of the District Court. Under 12 O.S. 2005(E) an answer may be filed with the court clerk or by facsimile or other electronic transmission as permitted by a rule of court.

There is generally no fee to file a standard answer in Oklahoma, though cross-claims or counterclaims may incur fees. If you cannot afford court costs, you can file a Pauper's Affidavit, also called an In Forma Pauperis Affidavit, which is based on inability to pay. The affidavit is filed with the same District Court that is hearing your case.

If you do not answer within the time required, judgment by default will be rendered against you for the relief demanded in the petition, under the summons and default provisions of 12 O.S. 2004. You may be able to set the judgment aside by filing a Motion to Vacate Judgment within thirty days under 12 O.S. 1031.1(B), and the grounds in 12 O.S. 1031 include unavoidable casualty or misfortune, mistake, neglect, omission, or fraud. Filing your answer on time is the reliable path.

Yes, and you may be required to. Under 12 O.S. 2013(A) a pleading must state as a counterclaim any claim the pleader has against an opposing party if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim. This is a compulsory counterclaim, and it must be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim.