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Oklahoma Motion to Dismiss

In Oklahoma you move to dismiss a petition under 12 O.S. 2012(B) within the 20-day answer window.

Introduction

In Oklahoma you challenge a petition before answering by filing a motion to dismiss under the Oklahoma Pleading Code, 12 O.S. Section 2012(B), most often Section 2012(B)(6) for failure to state a claim upon which relief can be granted. The vehicle is statute-based and tracks federal Rule 12(b), but Section 2012(B) enumerates eight grounds rather than seven: alongside subject-matter jurisdiction, personal jurisdiction, venue, process, service, and failure to state a claim, Oklahoma adds (B)(7) failure to join a party under Section 2019 and (B)(8) another action pending between the same parties for the same claim, two grounds with no place in the seven-ground federal list. The motion must be made before pleading, so it falls within the answer window: 20 calendar days after service of the summons and petition under Section 2012(A)(1)(a). Filing the motion in lieu of answering postpones the answer obligation, and if the court denies the motion or postpones disposition until trial, the answer must be served within 20 days after notice of the court's action under Section 2012(A)(5). Distinctively, Rule 4 of the Rules for District Courts requires the motion to be accompanied by a concise brief or list of authorities, and a non-compliant motion may be denied without a hearing. Missing the window risks a default judgment. DocDraft drafts an Oklahoma-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Oklahoma's vehicle is a motion to dismiss under the Oklahoma Pleading Code, 12 O.S. Section 2012(B) (Defenses and objections; when and how presented), a statute-based motion that tracks federal Rule 12(b), most commonly Section 2012(B)(6) for failure to state a claim upon which relief can be granted.

  2. 2

    Section 2012(B) enumerates eight grounds, the federal seven plus two Oklahoma-specific defenses: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Section 2019, and (8) another action pending between the same parties for the same claim.

  3. 3

    The motion must be made before pleading, so it falls within the answer window: 20 calendar days after service of the summons and petition under Section 2012(A)(1)(a). The 20-day window is calendar because it is at least the 11-day short-period threshold in Section 2006(A), so there is no intermediate weekend or holiday exclusion. Filing the motion in lieu of answering postpones the answer obligation until the court rules.

  4. 4

    If the court denies the motion or postpones its disposition until the trial on the merits, the defendant's responsive pleading must be served within 20 days after notice of the court's action under Section 2012(A)(5). That fresh 20-day clock runs from notice of the ruling, not from the original service date.

  5. 5

    Oklahoma layers a court-rule format requirement on the statute: Rule 4 of the Rules for District Courts requires every motion, including a motion to dismiss, to be accompanied by a concise brief or a list of authorities upon which the movant relies. A motion to dismiss is not among Rule 4's brief-exempt motions, and a motion that does not comply may be denied without a hearing.

  6. 6

    The most common ground is Section 2012(B)(6), failure to state a claim upon which relief can be granted, which tests the legal sufficiency of the petition. It is the direct Oklahoma analog of federal Rule 12(b)(6) within the statute-based Pleading Code.

  7. 7

    File in the District Court for the county, the court of general civil jurisdiction, with the clerk of the District Court. Two of Oklahoma's eight grounds go beyond federal Rule 12(b): (B)(7) failure to join a party under Section 2019 and (B)(8) another action pending between the same parties for the same claim, a prior-pending-action defense.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE DISTRICT COURT OF ___________ COUNTY STATE OF OKLAHOMA

____________________________, Plaintiff,

 v.                                        Case No. _____________________

____________________________, Defendant.

DEFENDANT'S MOTION TO DISMISS UNDER 12 O.S. SECTION 2012(B)

Defendant, ____________________, by counsel (or pro se), and pursuant to the Oklahoma Pleading Code, 12 O.S. Section 2012(B), moves this Court for an order dismissing Plaintiff's Petition. This motion is made before pleading and within the time otherwise allowed for the answer under 12 O.S. Section 2012(A)(1)(a). The grounds for this motion are set forth below and in the accompanying brief, submitted pursuant to Rule 4 of the Rules for District Courts of Oklahoma.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following ground(s) enumerated in 12 O.S. Section 2012(B):

____ (1) lack of jurisdiction over the subject matter; ____ (2) lack of jurisdiction over the person; ____ (3) improper venue; ____ (4) insufficiency of process; ____ (5) insufficiency of service of process; ____ (6) failure to state a claim upon which relief can be granted; ____ (7) failure to join a party under Section 2019 of this title; ____ (8) another action pending between the same parties for the same claim.

[State the specific facts and basis for each ground checked above.]

BRIEF IN SUPPORT

[Set out the legal authorities and argument supporting dismissal. Rule 4 of the Rules for District Courts of Oklahoma requires this motion to be accompanied by a concise brief or a list of authorities upon which the movant relies; a motion that does not comply may be denied without a hearing. No statewide page limit appears in Rule 4; check the filing court's local rules for any page limit and conform this brief accordingly.]

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Petition and grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[Name] [OBA Number, if represented by counsel] [Address] [Telephone] / [Email] Defendant / Counsel for Defendant

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Motion to Dismiss and Brief in Support was served upon ____________________, [Plaintiff / counsel for Plaintiff], at ____________________ by ____________________ [method of service] on this ____ day of ________, 20.

[Name]

Oklahoma Requirements for Motion to Dismiss

File within the 20-day answer window

A 12 O.S. Section 2012(B) motion must be made before pleading, so it is filed within the answer window: 20 calendar days after service of the summons and petition under Section 2012(A)(1)(a). Filing the motion in lieu of answering postpones the answer obligation until the court rules.

Calculate your 20 days from the service date

Confirm the date the summons and petition were served on you. The window runs 20 calendar days from that service date. Because 20 days is at least the 11-day short-period threshold in Section 2006(A), there is no intermediate weekend or holiday exclusion. Miss it without filing the motion or an answer and you risk a default judgment.

Select your Section 2012(B) grounds

Identify which of the eight enumerated Section 2012(B) grounds apply: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Section 2019, or (8) another action pending between the same parties for the same claim.

Consider the two grounds beyond federal Rule 12(b)

Oklahoma adds two grounds that go beyond the seven federal Rule 12(b) defenses: (B)(7) failure to join a party under Section 2019, and (B)(8) another action pending between the same parties for the same claim. If the same dispute is already pending between the same parties, the (B)(8) prior-pending-action ground can support dismissal.

Attach a concise supporting brief under Rule 4

Rule 4 of the Rules for District Courts of Oklahoma requires every motion, including a motion to dismiss, to be accompanied by a concise brief or a list of authorities upon which the movant relies. A motion to dismiss is not among Rule 4's brief-exempt motions, and a non-compliant motion may be denied without a hearing.

Check for any local-court page limit

No statewide page limit for a motion to dismiss or its supporting brief appears in Rule 4 of the Rules for District Courts. Page-limit practice, where it exists, is set by individual district local court rules. Check the local rules of the District Court where your case is pending and conform the brief accordingly.

Plan for the 20-day answer clock if the motion is denied

If the court denies the motion or postpones its disposition until the trial on the merits, your responsive pleading must be served within 20 days after notice of the court's action under Section 2012(A)(5). That 20-day clock runs from notice of the ruling, not from the original service date.

File in District Court and serve the other party

File the motion with the clerk of the District Court for the county, the court of general civil jurisdiction. Serve a copy on the plaintiff or plaintiff's counsel and include a certificate of service. Whether a proposed order must accompany the motion is set by individual district local court rules, not statewide, so check your court's local rules.

Frequently Asked Questions

File a written motion to dismiss under 12 O.S. Section 2012(B) before serving your answer, identifying which of the eight enumerated grounds apply. Under Rule 4 of the Rules for District Courts the motion must be accompanied by a concise brief or a list of authorities. File it with the clerk of the District Court for the county. The motion must be made before pleading.

A Section 2012(B) motion is filed within the answer window, because it must be made before pleading: 20 calendar days after service of the summons and petition under Section 2012(A)(1)(a). The 20-day window is calendar, with no intermediate weekend or holiday exclusion. Filing the motion in lieu of answering postpones the answer obligation until the court rules.

Oklahoma works from a statute, not a court rule: defenses are raised by motion under the Oklahoma Pleading Code at 12 O.S. Section 2012(B). It enumerates eight grounds, covering lack of subject-matter or personal jurisdiction, improper venue, insufficiency of process or its service, and failure to state a claim. Beyond the federal seven, Section 2012(B) adds failure to join a party under Section 2019 and another action pending between the same parties for the same claim.

Yes. Rule 4 of the Rules for District Courts requires every motion, including a motion to dismiss, to be accompanied by a concise brief or a list of authorities upon which the movant relies. A motion to dismiss is not among Rule 4's brief-exempt motions, and a non-compliant motion may be denied without a hearing. No statewide page limit appears in Rule 4, so check any local-court limit.

If the court denies the motion or postpones its disposition until the trial on the merits, the defendant's responsive pleading must be served within 20 days after notice of the court's action under Section 2012(A)(5). That 20-day clock runs from notice of the ruling, not the original service date. The case then proceeds toward the merits.

File in the District Court for the county, the court of general civil jurisdiction for Oklahoma civil actions, with the clerk of the District Court. A motion to dismiss under 12 O.S. Section 2012(B) is filed in the same District Court action where the petition was filed and served.