Oklahoma Motion to Dismiss

Introduction

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.

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.